Restrictions on the freedom to dispose of one’s succession by will (reserved portion).
Last update: 10/3/2012
Under Swedish law, forced heirs become joint heirs to the extent of their reserved portion even if the deceased has instituted another heir.
Only the deceased’s descendants (and not spouses or parents) can invoke this regime. The reserved portion is half of the legal share in an inheritance. Forced heirs must assert their right to a reserved portion within six months after they become aware of the existence of the will.
Detailed information
Is there a reserved portion set aside for heirs? What percentage of the estate does this reserved portion represent? What is its legal nature?
Only the descendants of the deceased can assert a right to a reserved portion (7:1 ÄB). It is half of the statutory inheritance portion. The reserved portion does not apply to certain parts of the estate, but to a share of the estate. It confers on the beneficiary the status of co-heir (statutory reserve).
The surviving spouse will have, if applicable, a right to compensation established on the basis of the rule of the basic amount (which cannot be limited by a testamentary provision) (3:3 ÄB).
What is the procedure to be followed to assert a right to the reserved portion? What are the time limits?
In order to assert his/her right to a reserved portion, the legal successor must request the amendment of the will (jämkning) within a period of six months of learning the content of the will (7:3 ÄB).
Is it possible to renounce the reserved portion?
It is possible to renounce the right to the reserved portion under certain conditions (e.g. in return for adequate compensation) by making a written declaration to the deceased (17:2 ÄB).
